MATTER OF RATHGEBER


23 A.D.2d 577 (1965)

In the Matter of Emile E. Rathgeber, Respondent, Arthur Levitt, as Comptroller of The State of New York, Respondent, Public Operating Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 15, 1965


Appeal from original order of January 3, 1964 dismissed as academic, without costs; such order was superseded by the later order granting reargument. Order of March 3, 1964 made on reargument, insofar as it grants the petitioner's application, reversed on the law and the facts, without costs, and petitioner's application denied.

Findings of fact implicit in the decision of the Special Term which may be inconsistent herewith are reversed, and new findings are made...

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